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Scottish Court of Session Decisions >>
Ld. Aberzeldie v Lord Forbes. [1610] Mor 3547 (27 July 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0903547-004.html Cite as:
[1610] Mor 3547
Discharge of one Correus how far it operates in favour of others.
Ld Aberzeldie v. Lord Forbes
Date: 27 July 1610 Case No. No 4.
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He who has transacted with one of the parties whom he pursued for spuilzie and ejection, and received contentation and good deed for his renounciation, prejudges himself of his action against the rest of the defenders; but if he have discharged him without any satisfaction or good deed, only because he knew him to be innocent, that will not prejudge his action against the rest, who excepted upon a translation betwixt Aberzeldie, or Patrick Mortimer his cedent, with Monimusk, whom they had pursued, and the Lord Forbes, for that spuilzie.
